Theft by Receiving (O.C.G.A. § 16-8-7)
Understanding O.C.G.A. § 16-8-7
O.C.G.A. § 16-8-7 addresses the offense of theft by receiving, which involves knowingly possessing, disposing of, or retaining stolen property. This law is designed to deter individuals from benefiting from or encouraging the theft of property.
O.C.G.A. § 16-8-7: A person commits the offense of theft by receiving stolen property when they knowingly possess, dispose of, or retain stolen property unless the property is received, disposed of, or retained with intent to restore it to the owner.
Examples of Violating the Law
- Purchasing electronics knowing they were stolen.
- Holding onto a vehicle that one knows to be stolen.
- Selling items that were obtained through burglary.
Punishments for Violating O.C.G.A. § 16-8-7
In Georgia, penalties for theft by receiving depend on the value of the stolen property:
- For property valued at $500 or less, it is a misdemeanor, punishable by up to one year in jail and fines.
- If the property’s value exceeds $500, it’s a felony, with potential imprisonment of one to 10 years.
Defense Strategies
Defenses may include:
- Questioning the knowledge of the property’s stolen status.
- Demonstrating an intent to return the property to its rightful owner.
- Challenging the legality of the search and seizure that led to the discovery of the property.
Legal Comparison: Georgia vs. Other States
While Georgia’s laws on theft by receiving are stringent, especially regarding felony charges for higher-value items, this is consistent with many states. However, the threshold for felony charges and the specifics of the statute may differ across jurisdictions.
Legal Assistance for Charges of Theft by Receiving
Facing such charges requires a strategic defense approach. Watson Law LLC, led by Attorney Zakiya Watson-Caffe, Esq., specializes in navigating these complex legal waters, ensuring your rights are fully represented.
Ready to Get Legal Help?
If you’ve been charged with theft by receiving, timely and experienced legal support is crucial. Contact Watson Law LLC for a consultation. Attorney Zakiya Watson-Caffe, Esq., and her team are dedicated to providing you with the necessary legal expertise. Learn more about our services on our About Us page.
